Defective Products Lawyer in Sugar Creek, MO.
Defective Products Lawyer in Sugar Creek, MO. If you or a family member sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Sugar Creek, MO today at or fill out our online form for a free case evaluation.
Think of your daily routine: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on your bike, sit at in a chair or work around heavy equipment, and/or use your cell phone throughout the day. You may go 4-wheeling on your free days. You may even have a knee replacement or other medical implant. It seems we're always using or surrounded by some sort of product that at one point was engineered, produced, packaged and purchased. When there is a breakdown in the stream of commerce and a product becomes dangerous, it can have a ruinous effect on Sugar Creek, MO individuals and families. If tragedy struck you, you need the expert and devoted legal services of Burger Law's defective products lawyer team to fight on your behalf and secure you the best possible financial recovery you are owed.
In our three decades of negotiation, litigation and trial experience, we have delivered our clients in Sugar Creek and beyond more than $170 million. Talking to us is free, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in Sugar Creek, MO right away at .
If you were hurt by a defective product in Sugar Creek, MO, find out the true value of your case by using our free personal injury calculator.
Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Sugar Creek, MO:
- FDA Recall List and Safety Alerts
- Consumer Products Safety Commission Recall List
- U.S. Department of Transportation Motor Vehicle Recall List
- What to Do if You're Injured by a Dangerous Product?
- Can I Sue a Company if Their Product Gave Me Cancer?
- Can I Sue for a Defective Car Part if it Caused My Accident?
How Common Are Defective Products in Sugar Creek, MO?
The Consumer Product Safety Commission has found that dangerous products account for more than 29 million injuries and 21,000 deaths each year.
According to statistics from the Insurance Information Institute, in 2019 the mean average that juries awarded plaintiffs in product liability claims was over $7 million, while the median was $2 million. That shows the unbelievable destruction an unsafe product can cause.
If you were one of the many people harmed by a faulty product, call a Burger Law defective products lawyer in Sugar Creek, MO for compassionate, dedicated and talented support and legal advocacy.
What is the Process for Defective Products Claims in Sugar Creek, MO?
- The defendant was involved in the product's chain of distribution.
- The product was used in a way reasonably expected.
- One or both of the following:
- The product was in a defective condition that was unreasonably dangerous when it left the manufacturer's or distributor's and your injuries are a direct result of that defect, and/or
- The manufacturer or distributor failed to warn on the products packaging of an inherently dangerous condition.
The "stream of commerce" refers to anyone that took part in the product coming to fruiting and going to the market, from initial design to sale, including a distributor or vendor. According to Missouri Revised Statute §5537.762, someone sold the product but were not involved in the design or manufacture of it can avoid liability if:
- You discover who the manufacturer is, it has not closed their business and is able to reimburse you for all of your injuries.
- The entity that sold it signs an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
- There is no evidence is presented to the court that the seller was involved in any other aspect of the chain of distribution.
- The motion to dismiss is filed within 60 days.
If the aforementioned conditions are met, the distributor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence shows that they had a larger role in the design and manufacture of the product than they led on, were otherwise at fault for the defect or the manufacturer is unable to compensate you for all of your injuries, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great compensation that they owe you.
Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," meaning that a hazardous aspect of the product was not known and could not be discovered when the product went to market. This defense is only valid for inadequate warning product liability cases, and it is up to the defense to prove that there is no way they could have known about the dangerous aspect.
Negligence vs. Strict Liability in Defective Products Cases
Most personal injury lawsuits in Sugar Creek, MO are based on the notion of negligence. We all have an obligation to each other's safety in certain situations; for example, property owners and managers must make sure their premises is reasonably safe so no one sustains a slip and fall. When someone is negligent, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they may be held accountable for your damages and would owe you a financial recovery.
By contrast, most product liability or defective products cases are strict liability claims, meaning that anyone in the chain of distribution is at fault for any injuries a product causes, irrespective of negligence. According to jury instruction revisions made by the Missouri Supreme Court, defendant's in a product liability case may be held to the strict liability standard if you and your Sugar Creek, MO defective products lawyer can demonstrate that the product was "unreasonably dangerous" — meaning it is unsafe when used as intended or in a foreseeable way — at the moment that it got into your hands.
Missouri classifies three different ways in which your defective products lawyer can argue a product was dangerous:
- Design Defect: A design defect is an innate defect in the design that subsequently passes the imperfection to all products with the same design. An example is a piece of clothing that is easily flammable.
- Manufacturing Defects: This refers to a product that was safe in its design but became unsafe because of a failure in the manufacturing process. This can either affect only one product, i.e. a single vehicle, or several or all of them, as in an entire line of the same model vehicle. An example could be bugs or other contaminants found in beverages or a tainted batch of something intended for drinking containing a poisonous substance.
- Failure to Warn of Known Risks or Risks That Should Have Been Anticipated: This refers to a product made it through design and production safely but caused harm because it did not give proper instructions or warnings about innate risks. Examples include a drug that is sold without mentioning certain risks or side effects or cleaning solutions that do not mention corrosive chemicals they contain on the label. The company that makes a product generally does not have to warn against dangers that a reasonable person would foresee. For instance, they do not have to warn you that a match could start a fire.
Strict liability is intended to encourage corporations to implement exhaustive safety procedures for guaranteeing that their products will not pose a danger to the public. However, too often corporations do not value our safety and spend more energy on cutting costs than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Sugar Creek, MO will hold them responsible by conducting a full investigation of your case and insisting on only the best possible compensation.
Comparative Negligence in Defective Productions Claims in Sugar Creek, MO
A common defense for manufacturers in a defective products lawsuit is that you are responsible for all or a portion of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or distributor to posit that you are liable for a portion of the fault and, therefore, they do not have to pay you the full extent of your damages. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent liable for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a disingenuous attempt a defendant makes to avoid their responsibility to pay you for the damage their product did to you. Your Sugar Creek, MO defective products lawyer at Burger Law will not let them get away with it. The statute allows for the defense of comparative fault if the following situations apply:
- You did not use the product in a way the manufacturer could foresee. A manufacturer or distributor is only has to make a product safe for ways that they can expect the public to use it. For example, while chairs are meant to be sat on, standing on one to reach something is common. So if a certain model of chair is dangerous to stand on, the manufacturer needs to include a warning not to stand on it. On the other hand, if you are injured playing catch with a power tool or other sharp object, you likely do not have a claim because the manufacture would not be expected to foresee that happening.
- You used the product in a way that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly diminish it but can significantly reduce it. Say you crash a car while driving 40 miles per hour over the speed limit and the brakes do not work as well as they should. The manufacturer could reasonably foresee someone doing that, but will not be completely responsible because you were being reckless.
- You knew of inherent risks of the product while you were using it. This is often referred to as "Assumption of the risk," a theory in tort claims whereby, if the injured party was aware of risks, the defendant is not responsible. For instance, if the steering wheel on your vehicle was locking, you neglected to fix it and it caused you to get in an accident, your awareness of the defect and willingness to drive regardless would constitute an assumption of the risk.
- You displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could say that any reasonable person would have known that they could be seriously harmed doing such a thing.
- You neglected to take necessary safety precautions. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the chain of distribution from liability. If you took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries would have been avoided had you adhered to recommended precautions.
- You failed to mitigate your damages. In any personal injury claim, you are expected to try to lessen the amount of compensation you are owed. For example, you cannot seek compensation for medical treatment for injuries that occurred before the accident you are making a claim for. The defense may say you have no right to ask them for money they do not owe you.
Just because the manufacturer or vendor can — and will — try to convince the court that comparative negligence applies to your injuries, that does not mean the claim is automatically true. Bullying corporations and insurance companies use myriad deceitful tactics to try and minimize your claim, but your Sugar Creek, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations will try everything to avoid paying you and try to take advantage of people who do not have the same resources. Our defective products lawyer team works on a contingency fee basis, which means we get paid a moderate percentage of the compensation you collect, and we do not collect any attorney's fees until we win your case. Call Burger Law right away at for legal advocacy that matches and exceeds that of bullying corporations and insurance adjusters.
Defective Vehicle Parts Lawyer in Sugar Creek, MO
Our defective products lawyer team sees in Sugar Creek, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components it takes to make them run. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can cause collisions and fires, and fail to protect drivers and passengers from harm as intended. Common faulty motor vehicle parts we see are:
- Electrical wires
- Door latches
Offroad vehicles like ATVs can also cause damage, for instance many of them are prone to rolling over.
Your Burger Law defective products lawyer has extensive experience investigating car accident claims and injuries and will consult with experts to determine if your accident was the fault of a faulty vehicle component.
Defective Medical Devices Lawyer in Sugar Creek, MO
Medical devices are intended to make our lives better and allow us to live the life we want. But, sometimes they actually do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Sugar Creek, MO has seen cause further injuries to patients include:
- Artificial joints that can result in infections, instability, chronic soreness or recurring dislocations
- Pacemakers, which can cause infections or even wrongful death when they do not last as long as anticipated
- Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, can cause perforated organs, infections and electrical burns
- Blood clot filters that permit free-floating blood clots to travel up to the lungs
- Permanent birth control implements that can perforate organs, cause pelvic pain, excessive hemorrhaging and unplanned pregnancies
As the medical industry becomes more technologically advanced, the amount of recalls issued for medical devices has skyrocketed. In the first three months of 2018, medical device recalls rose by 126 percent, with software issues being the foremost cause.
In 2017, the U.S. Health and Human Services Department reported that in the course of a decade Medicare spent at least $1.5 billion to replace more than 73,000 defective heart devices alone. Medical devices should help alleviate pain and extend our lifespans, not cause further damage. If a faulty medical device caused you damages, your Sugar Creek, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you get a full financial recovery for all of the unneeded pain you experienced.
In February of this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were improperly packaged and shipped, causing them to degrade sooner than anticipated and have caused unimaginable pain and permanent damage to possibly as many as 150,000 people who had received the replacement joint. When Burger Law was made aware of the defect by a client, we immediately got to work bringing them what peace of mind we could and continue to take on Exactech Knee Replacement cases. You can view the complaint we filed for our first client by clicking the link below:
Defective Drug Lawyer in Sugar Creek, MO
The Federal Drug Administration has stringent protocols that pharmaceutical companies must adhere to from manufacturing to sale. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the market. With no absolute third-party testing many medications reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations put profit over the safety of the people they are supposed to be helping. Currently, it is usually the pharmaceutical company's decision if they will recall a drug that has found to have dangerous side effects. One way to make sure dangerous prescriptions stay off the shelves: call a Burger Law defective products lawyer in Sugar Creek, MO to stand up to these bullying corporations and make them realize that their conduct is intolerable.
Four thousand five hundred drugs and medical devices are recalled in the U.S. each year, and that is often after many people have already turned to them for treatment and relief. If you or someone you love had your condition worsen because of irresponsible pharmaceutical companies and manufacturers, call a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice restored by winning you compensation and holding negligent corporations responsible. Burger Law has already held opioid manufacturers accountable when their actions have taken someone from this world too soon.
Other common dangerous products we collect compensation for our clients for in Sugar Creek, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Beauty products
Sugar Creek, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Sugar Creek, MO knows that being injured by a dangerous product can completely disrupt your life. That is why we strive to see the injured in Sugar Creek and throughout Missouri recover great compensation for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we do not hesitate to start working on getting you a financial recovery for all of your medical bills and lost wages, in addition to the mental and physical hardships your injury has inflicted on you and your Sugar Creek, MO family. We will fight by your side the entire away and never allow a powerful corporation think they can take advantage of you. Call a Burger Law defective products lawyer in Sugar Creek, MO right away at or contact us online to take the first step toward true healing.